United States v. Villarreal

• Court: Court of Appeals for the Fifth Circuit
• Decided: June 20, 2024
• Docket: 23-50505
• Status: Unpublished

Opinion

Case: 23-50505 Document: 58-1 Page: 1 Date Filed: 06/20/2024

United States Court of Appeals for the Fifth Circuit United States Court of Appeals ____________ Fifth Circuit

FILED No. 23-50505 June 20, 2024 Summary Calendar Lyle W. Cayce ____________ Clerk

United States of America,

Plaintiff—Appellee,

versus

Ricardo Aguilar Villarreal,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 7:22-CR-279-2 ______________________________

Before Higginbotham, Stewart, and Southwick, Circuit Judges. Per Curiam:* The attorney appointed to represent Ricardo Aguilar Villarreal has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Villarreal has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Villarreal’s claim of _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 23-50505 Document: 58-1 Page: 2 Date Filed: 06/20/2024

No. 23-50505

ineffective assistance of counsel; we therefore decline to consider the claim without prejudice to collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014). We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Villarreal’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, the motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the appeal is DISMISSED. See 5th Cir. R. 42.2. Villarreal’s request for appointment of counsel is DENIED as untimely. See United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).